68
261. The State shall comply with its pecuniary obligation by payment in United States
dollars or the equivalent amount in national currency, using the rate in force on the New
York market the day before the payment to calculate the exchange rate.
262. If, for causes that can be attributed to the victims, it is not possible to pay the
amounts decided within the specified time, the State shall deposit the said amounts in an
account or a certificate of deposit in favor of the victims in a solvent Brazilian financial
institution in the most favorable financial conditions allowed by banking practice and law. If,
after 10 years, the sum allocated has not been claimed, the amount shall be returned to the
State with the accrued interest.
263. The amounts assigned in this judgment for non-pecuniary damage and
reimbursement of costs and expenses shall be delivered to the victims in full, as established
in this judgment, and may not be affected or conditioned by any current or future taxes or
charges.
264. If the State falls in arrears, it shall pay interest on the amount owed corresponding
to bank interest on arrears in Brazil.
265. In keeping with its consistent practice, the Court reserves the authority, inherent in
its attributes and derived also from Article 65 of the American Convention, to monitor
compliance with all aspects of this judgment. The case will be closed when the State has
fully complied with the judgment. Within one year of notification of this judgment, the State
shall submit a report to the Court on the measures adopted to comply with it.
XII
OPERATIVE PARAGRAPHS
Therefore,
THE COURT
DECIDES
Unanimously,
1.
To reject the preliminary objections filed by the State, in the terms of paragraphs 11
to 53 of this judgment.
DECLARES,
unanimously that:
2.
The State violated the right to privacy and the right to honor and reputation
recognized in Article 11 of the American Convention, in relation to Article 1(1) thereof, to
the detriment of Arlei José Escher, Dalton Luciano de Vargas, Delfino José Becker, Pedro
Alves Cabral and Celso Aghinoni, owing to the interception, recording and dissemination of
their telephone conversations, in the terms of paragraphs 125 to 146 and 150 to 164 of this
judgment.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents